Jackson v. Delossantos-Diaz

Defendant failed to meet his initial burden to show that no triable issue of fact exists as to whether plaintiff sustained a significant limitation within the meaning of Insurance Law § 5102 (d). The report by defendant’s orthopedic expert, based on a recent examination, found limitations in range of motion in plaintiffs left shoulder but failed to set forth objective findings as to whether the limitations were significant or caused by the subject accident (see Shaw v Looking Glass Assoc., LP, 8 AD3d 100, 103 [2004]).

However, defendant met his initial burden to show that no triable issue of…